Patna High Court
Ashraf AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court directed that the petitioner be released on bail, finding no material evidence against him and deeming the prolonged custody unjustified.
Summary
Ashraf Alam was arrested in connection with a robbery under Section 392 of the Indian Penal Code, where four accused allegedly looted Rs.40,000 from a petrol pump informant at gunpoint. The FIR was registered against unknown persons, but the petitioner’s name appeared in a confessional statement of a co‑accused, who claimed the loot was distributed among them, including the petitioner. No incriminating article was recovered from the petitioner, who had been in custody since 28‑06‑2025, amounting to nine months of detention. The trial court had rejected his bail application, while a co‑accused, Pritam Paswan, had been released on bail. Upon hearing the parties, the Patna High Court noted the lack of material evidence, the prolonged custody, and the petitioner’s clean record, and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order thus grants regular bail to the petitioner.
Issues considered
- Whether the petitioner is entitled to regular bail despite the FIR being registered against unknown persons and the inclusion of his name in a co‑accused’s confessional statement
- Whether the absence of incriminating material and prolonged pre‑trial detention justify the grant of bail
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- IPC 392
- confessional statement
- pre‑trial detention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23389 of 2026
Arising Out of PS. Case No.-318 Year-2023 Thana- CHIRAIYA District- East Champaran
======================================================
Ashraf Alam S/O Akhtar Ali R/O Village- Bada Bodha, P.S.- Sugauli, Distt.-
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
Ms. Eashita Raj, Advocate
Ms. Ginni Priya, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Chiraiya P.S. Case no.
318 of 2023 registered under section 392 of the Indian Penal
Code.
3. As per the prosecution case, four accused persons
on two motorcycles are said to have looted the informant who
worked at the petrol pump of Rs.40,000/- in cash on the point of
firearm.
4. It is submitted by the learned counsel for the
petitioner that the FIR was registered against unknown. Referring to
the order of the learned trial Court rejecting the application for bail of
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the petitioner, it is submitted that the name of the petitioner transpired
in the confessional statement of a co-accused made before police in
one another case wherein the co-accused is stated to have said that
after having committed the loot, they distributed the loot amongst
themselves including the petitioner. No incriminating article has been
recovered from the petitioner’s possession and the petitioner is in
custody since 28.6.2025. The cause of false implication of the
petitioner is his antecedents. It is finally submitted that co-accused
Pritam Paswan has been enlarged on bail vide order dated 12.2.2025
passed in Cr. Misc. no.4843 of 2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation as evident from the
order of the learned trial Court rejecting the application for bail
of the petitioner, no incriminating article having been recovered
from the petitioner’s possession and the petitioner having
remained in custody for nine months since 28.6.2025, the Court
directs the petitioner to be enlarged on bail in connection with
Chiraiya P.S. Case no. 318 of 2023 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.23389 of 2026(2) dt.08-04-2026
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amount each to the satisfaction of the learned Chief Judicial
Magistrate, East Champaran at Motihari.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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